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"Are you ready
to put on your
white wigs?"
That is a
question I have
been posing
lately to many
everyday
Californians, as
the Golden State
considers if a
constitutional
convention
composed of
regular folks
might hold the
solution to
California's
ongoing
political and
budgetary woes.
California used
to be known as a
place of
innovation and
forward-thinking
policy, but
today it is
known as a state
that issues IOUs
to pay its
bills. With
state government
in Sacramento
seemingly frozen
in place, a
group of
California
leaders formed
RepairCalifornia.org
to propose a
constitutional
convention as a
way to address
the state's
deeply
entrenched
structural
problems.
But this would
be no ordinary
convention.
Approximately 60
percent of the
500 or so
participants
would be
"citizen
delegates,"
everyday people
who have been
scientifically
selected to
convene a broad
cross-section of
California. The
other 40 percent
would be
delegates
appointed by
local government
officials. This
innovative
hybrid would
attempt to bring
together into
the same room
both the
expertise of
those with
policy knowledge
and political
experience as
well as the
values of
regular people
who are not
concerned about
their political
careers or
partisanship,
but instead can
focus on what's
good for their
state.
With state
government in
Sacramento
seemingly frozen
in place, a
group of
California
leaders formed
RepairCalifornia.org
to propose a
constitutional
convention as a
way to address
the state's
deeply
entrenched
structural
problems.
Over two dozen
"town hall"
meetings have
been held
throughout
California with
each event
filled to
capacity with
hundreds of
Californians
concerned about
the future. When
I have asked
them, "How many
of you think YOU
would be a good
delegate to the
convention?"
typically 90
percent of the
hands in the
room shoot up.
While
Californians
have lost faith
in their
government and
their elected
leaders, opinion
polls
consistently
show that
Californians
trust themselves
more than they
trust the
"experts." Thus,
this kind of
People's
Convention could
be well-suited
to California's
culture that has
relied for
decades -- often
to its detriment
-- on popular
referendums and
initiatives.
The California
state
constitution is
the third
longest
constitution in
the world,
having been
amended over 500
times. Many of
the amendments
have come as a
result of an
initiative
process that has
been captured by
big-money
interests that
can buy their
way onto the
California
ballot with
their pet
project. This
has happened
over and over in
California, to
the point where
the constitution
has become a
disjointed
hodgepodge with
things like golf
courses, gill
net fishing and
other
unconstitutional
matters embedded
into the
Constitution.
Some of the
previous
amendments have
dedicated state
revenues for
funding pet
projects to the
point where they
have tied the
hands of the
legislature to
craft a sensible
budget. This in
turn has led to
a structural
deficit where
California
spends more
money than it
takes in.
Repair
California, the
umbrella group
that is
spearheading
this effort, is
led by the Bay
Area Council
which represents
275 of the
largest
employers in the
Bay Area,
including
Google, Oracle,
HP and many
others. Other
organizations
who have
endorsed a
constitutional
convention
include Common
Cause, the Los
Angeles Times
and other local
newspapers. The
convention would
be a "limited"
one, with a
mandate narrowly
tailored to
those parts of
the Constitution
that deal with
the structure of
government.
The California
state
constitution is
the third
longest
constitution in
the world,
having been
amended over 500
times.
The four areas
in which the
delegates would
be empowered to
propose reforms
would be in
governance,
elections
(including the
initiative and
referendum
process),
budgetary and
revenue rules,
and the
relationship
between local
and state
government in
terms of revenue
sharing. Social
policies and
potential wedge
issues such as
gay marriage,
gun control and
education would
be off the
table.
Proposition 13,
the law passed
by voters in
1978 that
reconfigured
property tax
laws, would
dance around the
edges of the
convention,
which would be
allowed to
propose changes
but not to
legislate any
tax increases.
The convention
is not designed
to be a parallel
legislature, but
rather to update
and modernize
the rules that
define
government and
its powers in
California.
If California
voters
approve of a
ballot measure
that will be on
the November
2010 ballot to
call the
convention, the
convention will
meet beginning
in the spring of
2011 for
approximately
eight months.
The delegates
would be paid
for their
participation,
and would hear
from experts
from all
political sides.
The convention
also would hold
a dozen public
hearings
throughout the
state, as well
as use all of
the modern
technologies
available today
-- the Internet,
e-mail, live
webcasting,
instant polling
and more -- to
engage
Californians and
bring them into
the
conversation.
Utilizing these
techniques,
California could
mount a
constitutional
convention the
likes of which
has never been
seen. It has the
potential to
stimulate a
badly needed
civic dialogue
that has been
missing not only
in California
but all across
the United
States.
The convention
would have the
power to place
their proposals
directly on the
November 2012
ballot, where
their fellow
Californians
would vote up or
down on the
proposed
reforms.
While opinion
polls show that
Californians
very much
support reform
and want change,
nevertheless
many previous
efforts at
political reform
have failed.
Initiatives have
been voted down
in recent years
to extend term
limits, enact a
“top two”
primary, public
financing of
campaigns,
election day
registration and
other reforms.
Only recently
did Californians
barely approve a
measure to
create an
independent
redistricting
commission,
after numerous
attempts.
What is clear is
that
Californians
often don’t
trust the
proposers of
reform,
especially when
the Legislature
puts a measure
on the ballot.
The Legislature
has little
credibility at
this point, nor
do others who
are perceived as
political
insiders or even
so-called
experts.
That's why
a constitutional
convention
composed mostly
of everyday
Californians is
being viewed as
crucial to
success.
The convention
itself in
essence would be
an ongoing focus
group in which
the proposals
and reforms
would be vetted
by a large pool
of people who
would be just
like the voters
who eventually
will decide
whether to enact
the proposals of
the convention.
There have been
numerous
examples in the
United States
and abroad
showing that the
citizen-as-delegate
model has worked
well in a range
of
circumstances.
For
example, in
post-Katrina New
Orleans, 4,000
citizen
delegates
scattered in 21
cities were
simultaneously
convened to
decide how to
spend scarce
rebuilding
dollars after
federal and
state
authorities
grossly
mismanaged the
recovery. In
California and
other states,
citizen
delegates have
been used in a
range of forums
involving
hundreds of
people to
advance
solutions to
contentious
issues such as
tax reform,
health care,
housing and
regional
development. The
delegates are
provided with
professional
staff and
facilitators,
and undergo a
thorough
education
process, hearing
from a range of
experts about
the problems and
potential
solutions. By
the end, the
delegates
themselves have
become experts.
Says
Steve Rosell, a
deliberative
democracy
practitioner
from San
Diego-based
Viewpoint
Learning, “Many
people enter
these events
with strongly
held political
beliefs, but
usually they are
far more
interested in
finding workable
solutions than
in adhering to a
particular
ideology. As a
result
participants’
conclusions
often have a
common-sense,
practical
quality.”
This
aspect of
citizen
delegates -- a
focus on what
works instead of
ideology,
partisanship or
career
self-interest --
is exactly what
California
needs. With
California
grappling with a
crisis of
historic
proportions,
many people feel
it is time to
draw upon the
genius of what
has always been
the Golden
State’s greatest
resource --
Californians
themselves.
If
the convention
works in
California, it
may initiate a
wave that could
sweep the
country.
Inspired in part
by California,
already Rudy
Giuliani has
called for a
constitutional
convention to be
held in New
York. So as you
ride the bus or
freeway to work
tomorrow, ask
yourself: Can
the person
seated next to
me, or driving
past me, be
trusted with the
job of
redesigning the
basic political
and budgetary
rules?
Are
everyday
Californians
ready to don the
white powdered
wigs to become
the Founding
Mothers and
Fathers of a new
California?
Stay tuned.
--###--
Steven Hill is
Director of the
Political Reform
Program of the
New America
Foundation and
author of "10
Steps to Repair
American
Democracy" (www.10Steps.net).
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